About a year ago, I wrote about new rules for ALR (License Suspension).  That post gave you "Everything You need to Know about the New ALR Rules".  Then, we saw New ALR (Transportation Code) Changes come down the pipes. Well, it looks like 2010 is bringing some change too.

Here’s the problem.  The SOAH rules of ’09 say you need to use the Texas Comptroller Website to calculate mileage.  But according to that website:

As a result of House Bill 605, 81st Legislature, Regular Session, the Comptroller’s office no longer publishes the Texas Mileage Guide.

Well, it seems there are some new rules in store for us as well, however, this time, they are coming from the legislature in the form of Transportation Code changes.  Before, it was SOAH’s rules changes and subpoena form changes.

In the past I wrote about recent rule changes in the ALR, or License Revocation process.  They included mostly changes on how to subpoena the witnesses (officer).  That post has been one of my most popular posts.  I have gotten a lot of feedback about those changes.

The major change that I have been able to find affecting ALRs, is from Section 524.039. It has to do with allowing what I feel is a fundamental right when the government is taking away a liberty or privilege– Confronting your accuser.

I get this question all the time:

Can I keep my license from being suspended in a DWI?  I thought the license suspension was automatic.

The answer is, YES, you can keep your license from being suspended.  I previously explained the ALR process (Administrative License Revocation) in a past post.

I have been getting a lot of questions, regarding the New SOAH rules.

Of the 3 major issues that we thought might happen, none of them did. Hearings are still in person, no subpoena is needed for BTO’s or Tech Super, and they are still required to be there if we request. The new rules can be found here.

The major changes that are presented are in the subpoena arena. If there are other major changes, I haven’t noticed them yet. 

Ok, so I haven’t blogged in approximately .. forever.  But I am determined to get back in the game.

In playing around online today (alright, you caught me, I was googling my name), I came across the Sunshine Report’s new issue of what looks to me like passed resolutions.  If someone else out there knows how to interpret this paper better, let me know. My understanding is that the Sunshine Commission makes recommendation to the legislature on what they should do.

If you take a close look, myself and Larry Boyd seem to be the only ones that showed any opposition to the strongarm tactics of the State and DPS. (At least, we are the only ones listed).

If DPS gets their way, yes.. all License Suspension Hearing will be by phone.  So the Administrative Law Judge will never be able to look you, the lawyers, or the officer in the eyes.

Thanks to Grits for Breakfast for posting on Criminal Justice Agencies Under Review, and discussing the Sunset process, which reviews some of the criminal justice agencies.  DPS’s report is here.

Although not pointed out yet in Grits’ post, of utmost importance in the DWI world, is their review of the ALR, or License Suspension process.

In an ALR hearing, it is the job of the Respondent (Defendant) to serve a subpoena on a police officer if they want them to appear.  I do this in almost all of my cases.

In order to serve a subpoena, one must first request it from the judge.  You then deliver the subpoena to a process server who must find the officer and give it to them.

Many officers purposely "hide" or "duck" service, in order to not have to show up to the hearings.  I will let you decide for yourself if you think that is ethical.  Or part of the makings of a good officer you want on the street.